N.J. Admin. Code § 8:43I-5.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:43I-5.1 - Central criminal history record background check registry

(a) The Department shall maintain a central criminal history record background check registry on each applicant who files an application pursuant to this chapter. The registry shall include the following data elements, which shall be public records:

1. The full name of the applicant;

2. The applicant's mailing address;

3. The applicant's certification number, if issued;

4. The date any application is received;

5. The certificate(s) for which the background check was conducted;

6. The date the New Jersey criminal history is received from the Division of State Police;

7. The date the Federal criminal history check is received from the Federal Bureau of Investigation (FBI);

8. The employer, if known;

9. The date on which any certification extension was issued;

10. A listing of whether the applicant was qualified or disqualified from certification;

11. If a hearing was requested in the event of a denial; and

12. The results of any hearing, and the final agency decision result that was issued to any hearing.

(b) Consistent with 47:1A-1 et seq., the following information shall not be released in any form, for the reasons indicated:

1. The applicant's social security number (Privacy Act of 1974 ( P.L. 93-579 ), 47:1A-5(a) );

2. The specific criminal history information, including specific information about arrests and convictions received from the New Jersey State Police or the FBI. When an individual is disqualified from certification, the public record will identify that the individual has a disqualifying conviction, but will not specify the conviction(s) was, and whether the person filed a false application for certification. (26:2H-84(g) and 28 CFR 20.33(b) );

3. Information in any document otherwise deemed a public record shall have any information relating to specific criminal history information redacted prior to release (26:2H-84(g) and 28 CFR 20.33(b) ); and

4. Any telephone number, unless the Department can ascertain that the telephone number is not a non-published number (47:1A-5(a) ).

N.J. Admin. Code § 8:43I-5.1